17.165 Definitions -- Criminal record check for job applicants at child-care centers -- Restrictions on employing violent offenders or persons convicted of sex crimes. - Kentucky Statutes

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17.165 Definitions -- Criminal record check for job applicants at child-care centers -- Restrictions on employing violent offenders or persons convicted of sex
crimes. (1) As used in this section, "sex crime" means a conviction or a plea of guilty to a sex crime specified in KRS 17.500. (2) As used in this section, "violent offender" means any person who has been convicted of or pled guilty to the commission of a capital offense, Class A felony,
or Class B felony involving the death of the victim, or rape in the first degree or
sodomy in the first degree of the victim or serious physical injury to a victim. (3) As used in this section, "violent crime" shall mean a conviction of or a plea of guilty to the commission of a capital offense, Class A felony, or Class B felony involving
the death of the victim, or rape in the first degree or sodomy in the first degree of
the victim or serious physical injury to a victim. (4) No child-care center as defined in KRS 199.894 shall employ, in a position which involves supervisory or disciplinary power over a minor, or direct contact with a
minor, any person who is a violent offender or has been convicted of a sex crime.
Each child-care center shall request all conviction information for any applicant for
employment from the Justice and Public Safety Cabinet or the Administrative
Office of the Courts prior to employing the applicant. (5) No child-care provider that is required to be certified under KRS 199.8982 or that receives a public child-care subsidy administered by the cabinet or an adult who
resides on the premises of the child-care provider and has direct contact with a
minor shall have been convicted of a violent crime, or a sex crime, or have been
found by the Cabinet for Health and Family Services or a court to have abused or
neglected a child. (6) Each application form, provided by the employer to the applicant, shall conspicuously state the following: "FOR THIS TYPE OF EMPLOYMENT,
STATE LAW REQUIRES A CRIMINAL RECORD CHECK AS A CONDITION
OF EMPLOYMENT." (7) Any request for records under subsection (4) of this section shall be on a form approved by the Justice and Public Safety Cabinet or the Administrative Office of
the Courts, and the cabinet may charge a fee to be paid by the applicant in an
amount no greater than the actual cost of processing the request. (8) The provisions of this section shall apply to all applicants for initial employment in a position which involves supervisory or disciplinary power over a minor after July
15, 1988. Effective: June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 89, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 182, sec. 1, effective July 12, 2006. -- Amended 2005 Ky. Acts
ch. 99, sec. 92, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 308, sec. 25,
effective July 14, 2000. -- Repealed, reenacted, and amended 1988 Ky. Acts ch. 345,
sec. 1, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 475, sec. 1, effective
July 15, 1988.